The Responsibility of the Physician and the Hospital When the Patients Withdraw their Previous Consent for Treatment

Abstract

Background and Objectives: The patient’s withdrawal of previous permission for treatment is one of the issues in jurisprudence and medical law. The present study aims to discuss the patient''s withdrawal of previous permission based on the general approach to the physician’s acquittal/not acquittal of responsibility. Subjects and Methods This is a descriptive-analytical study with a new insight into the second paragraph of Article 308 of the Iranian Civil Code to assess the physician’s refusal of treatment when the patient withdraws the previous consent for treatment. Results The penal policies of Iran regarding physicians’ responsibilities are not fair. By revising the laws and replacing the civil liability of the government, it is possible to strengthen the rposition of medical community in Iran. Conclusion Physicians have reasons such as preventing harm and death to the patient، the rule of medicine، and the moral responsibility of the physician for not allowing patients to withdraw previous permission. On the other hand، patients believe that the doctor and the hospital are responsible for the status of the patient in the case of withdrawing previous consent. The legislator should solve the government''s responsibility for the physician''s actions or not allow the patient''s withdrawal of permission to remove conflicts in the physician''s acquittal/not acquittal of responsibility.